Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol III).djvu/480

vert private rights and public liberty.^[1] But it is far otherwise in a republic, like our own, with a limited constitution, prescribing at once the powers of the rulers, and the rights of the citizens.^[2] This very circumstance would seem conclusively to show, that the independence of the judiciary is absolutely indispensable to preserve the balance of such a constitution. In no other way can there be any practical restraint upon the acts of the government, or any practical enforcement of the rights of the citizens.^[3] This subject has been already examined very much at large, and needs only to be touched in this place. No man can deny the necessity of a judiciary to interpret the constitution and laws, and to preserve the citizens against oppression and usurpation in civil and criminal prosecutions. Does it not follow, that, to enable the judiciary to fulfil its functions, it is indispensable, that the judges should not hold their offices at the mere pleasure of those, whose acts they are to check, and, if need be, to declare

---

1. See 1 Black. Comm. 9; Woodeson's Elements of Jurisprudence, Lect. 3, p. 48.
2. 1 Wilson's Law Lect. 460, 461.
3. The remarks of Mr. Boudinot on this subject, in a debate in the house of representatives, deserve insertion in this place, from his high character for wisdom and patriotism. "It has been objected," says he, "that, by adopting the bill before us, we expose the measure to be considered, and defeated by the judiciary of the United States, who may adjudge it to be contrary to the constitution, and therefore void, and not lend their aid to carry it into execution. This gives me no uneasiness. I am so far from controverting this right in the judiciary, that it is my boast, and my confidence. It leads me to greater decision on all subjects of a constitutional nature, when I reflect, that, if from inattention, want of precision, or any other defect, I should do wrong, there is a power in the government, which can constitutionally prevent the operation of a wrong measure from affecting my constituents. I am legislating for a nation, and for thousands yet unborn; and it is the glory of the constitution, that there is a remedy for the failures even of the legislature itself."